Commentaries & Opinion Editorials

Attributing commercial acts of public pension funds to the sovereign: A comment on Elliott Associates v. Korea

Research Associate Daniel Nicholas Pakpahan published a piece in EJIL:Talk! (Blog of the European Journal of International Law) titled “Attributing commercial acts of public pension funds to the sovereign: A comment on Elliott Associates v. Korea.” He covered a 2023 Permanent Court of Arbitration award arising from the Korean government’s illicit influence on a state …

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Comments on PABS Systems INB 9 by CIL’s Ayelet Berman and Kriti Sharma

Member states are negotiating an international agreement to strengthen pandemic prevention, preparedness, and response, and have set the 77th World Health Assembly (May 27, 2024) as the deadline for adoption. Given the many contentious issues, it is, however, questionable whether the deadline will be met. The Pathogen Access and Benefit Sharing (PABS) System proposed is among …

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Traditional Knowledge Protection: Leveraging Kunming-Montreal Global Biodiversity Framework adoption in WIPO-IGC Negotiations 2024

The WIPO will host a Diplomatic Conference to conclude an international legal instrument relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources at its Geneva headquarters from May 13 to 24, 2024. Ahead of this Conference, Kriti Sharma of the CIL Global Health Law program briefly argues for how traditional knowledge …

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Negotiating Text of the WHO Pandemic Agreement – Commentary by Ayelet Berman and Kriti Sharma

On 16 October 2023, the World Health Organization (WHO) International Negotiating Body (INB) presented to WHO member states the most recent “Negotiating Text of the WHO Pandemic Agreement”. Ayelet Berman and Kriti Sharma of the CIL Global Health Law Program review and comment on the proposed agreement in the most recent CIL Global Health Law …

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Emerging Principles of a Post-Covid-19 Global Health System

On 20 September 2023, the UN General Assembly High-Level Meeting on Pandemic Prevention, Preparedness and Response is adopting the Political Declaration on Pandemic Prevention, Preparedness and Response. Although criticized for being aspirational and lacking commitment to action, the Declaration is an important source of legitimacy and motivation for all actors in the pandemic space – …

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The Sticky Case of Indonesia, A Seized Iranian Oil Tanker, and Legal Jurisdiction

CIL Research Fellow Dita Liliansa’s article titled “The Sticky Case of Indonesia, A Seized Iranian Oil Tanker, and Legal Jurisdiction” has been published by Lowy Institute’s The Interpreter. The article discusses a recent incident involving two freighters engaged in an illegal ship-to-ship oil transfer within Indonesia’s exclusive economic zone. It examines interlinked questions about sanctions, pollution, and …

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Dita Liliansa published a commentary in The Interpreter entitled “Could Indonesia Legally Stop Transit by Nuclear-Powered AUKUS Subs?

Indonesia, a nation that controls vital maritime chokepoints, finds itself at the epicentre of an unfolding geopolitical drama. As rivalry builds between the United States and China, the prospect of more nuclear submarines passing through Indonesian waters – including plans for AUKUS boats under the newly formed pact between Australia, the United Kingdom and the …

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Sea level rise may threaten Indonesia’s status as an archipelagic country by Dita Liliansa

Research Associate Dita Liliansa published a short commentary in The Conversation entitled “Sea level rise may threaten Indonesia’s status as an archipelagic country.” Her commentary responded to a new study that found 92 outermost islands of Indonesia have the potential to sink due to rising sea levels. She briefly analysed whether Indonesia can retain its …

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